§346-53  Determination of amount ofassistance.  (a)  This subsection does not apply to general assistance tohouseholds without minor dependents.  The standard of need shall equal thepoverty level established by the federal government in 2006, prorated over atwelve-month period based on family size.

The assistance allowance provided shall bebased on a percentage of the standard of need.  For other work eligiblehouseholds and non-work eligible households and households in which allcaretaker relatives are minors, living independently with minor dependents andattending school, the assistance allowance shall be set no higher thansixty-two and one-half per cent and no lower than forty-four per cent of thestandard of need.  For all other households, the assistance allowance shall beset no higher than sixty-two and one-half per cent of the standard of need andset no lower than thirty-four per cent of the standard of need.  The standardof need shall be determined by dividing the 2006 federal poverty level bytwelve and rounding down the quotient.  The remaining quotient shall bemultiplied by the per cent as set by the director by rules pursuant to chapter91, and the final product shall be rounded down to determine the assistanceallowance; provided that:

(1)  The department may increase or reduce theassistance allowance as determined in this subsection for work eligiblehouseholds for the purpose of providing work incentives or services under partXI;

(2)  No reduction shall be allowed that jeopardizeseligibility for or receipt of federal funds;

(3)  Reductions in the assistance allowance shall belimited to no more than one per year; and

(4)  No work eligible household, which includes anadult who has received sixty cumulative months of temporary assistance to needyfamilies with minor dependents, shall be eligible for an assistance allowance,unless authorized by federal regulations.

(b)  The director shall determine the allowancefor general assistance to households without minor dependents based upon thetotal amount appropriated for general assistance to households without minordependents, among other relevant factors.

(c)  The director, pursuant to chapter 91,shall determine the rate of payment for domiciliary care, including careprovided in licensed developmental disabilities domiciliary homes, communitycare foster family homes, and certified adult foster homes, to be provided torecipients who are eligible for Federal Supplementary Security Income or publicassistance, or both.  The director shall provide for level of care payment asfollows:

(1)  Beginning on July 1, 2008, for adult residentialcare homes classified as facility type I, licensed developmental disabilitiesdomiciliary homes as defined under section 321-15.9, community care fosterfamily homes as defined under section 346-331, and certified adult foster homesas defined under section 321-11.2, the state supplemental payment shall notexceed $651.90; and

(2)  Beginning on July 1, 2008, for adult residentialcare homes classified as facility type II, the state supplemental payment shallnot exceed $759.90.

If the operator does not provide the quality ofcare consistent with the needs of the individual to the satisfaction of thedepartment, the department may remove the recipient to another facility.

The department shall handle abusive practicesunder this section in accordance with chapter 91.

Nothing in this subsection shall allow thedirector to remove a recipient from an adult residential care home or othersimilar institution if the recipient does not desire to be removed and theoperator is agreeable to the recipient remaining, except where the recipientrequires a higher level of care than provided or where the recipient no longerrequires any domiciliary care.

(d)  On July 1, 2006, and thereafter, as thedepartment determines a need, the department shall authorize a payment, asallowed by federal law, for resident clients receiving supplemental securityincome in adult residential care home type I and type II facilities, licenseddevelopmental disabilities domiciliary homes as defined under section 321-15.9,community care foster family homes as defined under section 346-331, andcertified adult foster homes as defined under section 321-11.2, when statefunds appropriated for the purpose of providing payments under subsection (c)for a specific fiscal year are not expended fully within a period that meetsthe requirements of the department's maintenance of effort agreement with theSocial Security Administration.

The payment shall be made with that portion ofstate funds identified in this subsection that has not been expended.

The department shall determine the rate ofpayment to ensure compliance with its maintenance of effort agreement with theSocial Security Administration.

(e)  The department shall pay rental andutility (to include gas, electricity, and water only) deposits once only forany person eligible for financial assistance by the department.  However, underextraordinary circumstances as determined by the department, an additionalrental deposit, utility deposit, or both, may be granted.

(f)  Any recipient may petition the departmentfor additional assistance when the recipient's need is due to emergenciescaused by seismic wave, tsunami, hurricane, volcanic eruption, typhoon,earthquake, flood, or fire determined by the director to have caused losses asto require and justify additional assistance from the State.  In addition, anyrecipient may petition the department for additional assistance for the replacementor repair of household appliances.  The additional assistance shall be paid onan emergency basis, as determined by the department, to meet the cost ofreplacing or repairing household appliances.  If the cost of repairs ofhousehold appliances is less than one-half the unit cost of the item, thedepartment shall pay for the cost of repairs.  If the cost of repairs ofhousehold appliances is one-half the unit cost of the item or more, thedepartment shall replace the household appliance; provided that the replacementcost shall not exceed $350.  For the purposes of this subsection,"household appliances" means a refrigerator or a range.

The department shall establish an emergencyfund, not to exceed one per cent of total financial assistance from state fundsrequired by this chapter in the previous fiscal year.  The director shall adoptrules pursuant to chapter 91 for determining in which cases to grant lump sumpayments to recipients petitioning for additional assistance.

(g)  The department shall include protectivechild care payment as a special needs item in the financial assistance standardfor cases of child neglect or abuse requiring placement of a child in childcare.  The referral for protective child care payment shall be from thedepartment's child welfare program and the rate of payment shall be set by thedepartment.

(h)  The director shall adopt rules pursuant tochapter 91 to implement this section. [L 1975, c 145, pt of §1(3); am L 1976, c73, §3; am L 1978, c 104, §1 and c 107, §6; am L 1979, c 52, §§3, 5; am L 1980,c 120, §3; am L 1983, c 196, §2; am L 1985, c 272, §9; gen ch 1985; am L 1987,c 25, §1 and c 344, §2; am L 1988, c 213, §1 and c 327, §2; am L 1989, c 154,§2, c 233, §1, and c 379, §1; am L 1990, c 321, §2; am L 1993, c 356, §2; am L1995, c 70, §1 and c 166, §1; am L 1996, c 300, §§4, 6; am L 1997, c 200, §§5,9, 11 and c 340, §2; am L 1998, c 127, §§4, 5; am L 2000, c 80, §1; am L 2005,c 168, §3; am L 2006, c 265, §§1, 2 and c 287, §2; am L 2007, c 237, §4; am L2008, c 220; §12 as superseded by L Sp 2008, c 11, §12; am L 2009, c 101, §2]

 

Case Notes

 

  An unborn child is entitled to separate payment.  62 H. 626,618 P.2d 295.

  "Lump sum" rule, disqualifying assistance units forperiod based on total net monthly income, modified.  69 H. 187, 737 P.2d 867.